Can a South Carolina county election board member run for or serve as an officer of a political party?

Plain-English summary

The Colleton County Board of Voter Registration and Elections asked when a board member's participation in a partisan political party conflicts with S.C. Code § 7-13-75. Its questions concerned filing as a candidate for an officer position in a political party and serving in a party office filled by appointment.

The AG explained that § 7-13-75 governs county and municipal election boards. The request cited § 7-3-10(e), which applies to the State Election Commission. Section 7-13-75 bars a county or municipal board member from participating in political management or in a political campaign over whose election the member has jurisdiction. It also restricts contributions and fundraiser attendance for candidates over whose election the member has jurisdiction.

The AG concluded that filing to become a party officer, by itself, would not likely be treated as participation in political management. The member would not be subject to removal on that ground until elected or appointed to the party office. Serving as a party officer counts whether the party fills the role by election or appointment. The opinion does not decide whether a board member may run for a public office, nor does it determine whether any particular member has violated the statute.

What this means for you

If you serve on a county or municipal election board

The opinion distinguishes filing to become a party officer from serving as one. It says a court is unlikely to treat filing alone as political management under § 7-13-75. If you are elected or appointed to a party officer position, the AG reads service in that role as covered by the prohibition. The opinion does not analyze a campaign for public office.

Section 7-13-75 also says a member may not contribute to or knowingly attend a fundraiser for a candidate over whose election the member has jurisdiction. Those restrictions appear in the statute quoted by the AG; the opinion does not apply them to a specific member.

If you make or review board appointments

The statute subjects a member who violates it to removal by the Governor or appropriate appointing authority. The AG says whether a particular person's activities violate § 7-13-75 is a factual question that the Governor, appointing authority, or a court may determine. The AG did not decide an individual case.

Common questions

Does filing to become a political party officer require a board member to leave the board?
The AG says a court is unlikely to find that filing alone is participation in political management. Its conclusion is that the member would not be subject to removal on this ground until elected or appointed to the party office.

Can a member serve as a party secretary or treasurer if appointed rather than elected?
The opinion says the elected or appointed route makes no difference. It is service as a party officer that a reviewing authority would consider when applying the prohibition.

Does this opinion decide whether a board member can run for public office?
No. The request asks about "an elective office in a partisan political party," and the analysis repeatedly specifies "an officer of a political party." The opinion does not resolve public-office candidacy.

Which statute governs county election boards?
S.C. Code § 7-13-75. The AG says the request's citation to § 7-3-10(e) concerns State Election Commission members and is generally inapplicable to county boards.

Who determines whether a particular member violated the rule?
The AG says a specific violation is a factual question for the Governor, appropriate appointing authority, or a court. It did not identify a South Carolina court decision resolving the party-officer questions.

Background and statutory framework

Section 7-13-75 bars county and municipal voter registration and elections board members from political management or a political campaign over whose election the member has jurisdiction. A 2004 AG opinion read political management to include service as an officer of a political party. That earlier opinion used federal restrictions on Federal Election Commission employees as a guide, including 5 C.F.R. § 734.409. The 2025 AG opinion declined to import the federal rule's separate ban on candidacy for party offices into South Carolina's statute.

The AG relied on the statute's plain language and the ordinary meaning of "participate." It found filing alone insufficient to show participation in political management but treated service in a party office as covered, whether the office is elective or appointive.

Citations and references

• S.C. Code § 7-13-75: restrictions for county and municipal voter registration and elections board members.
• S.C. Code § 7-3-10(e): State Election Commission provision cited in the request.
• 5 C.F.R. § 734.409: federal regulation discussed as a guide in the 2004 AG opinion.
• Mitchell v. City of Greenville, 411 S.C. 632, 770 S.E.2d 391 (2015), and Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000): statutory interpretation cases cited by the AG.
• Op. S.C. Att'y Gen., 2004 WL 1297825 (June 7, 2004): prior party-officer interpretation.
• Op. S.C. Att'y Gen., 2006 WL 1207271 (April 4, 2006): factual questions in AG opinions.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/opinion-addressing-the-prohibition-in-s-c-code-section-7-13-75-regarding-county-board-of-voter-registration-and-elections-members-participating-in-political-management-or-in-a-political-campaign/
• Original PDF: https://www.scag.gov/media/hhlj2upo/crawfordq-blocckerj-os-11037-final-opinion-7-2-2025.pdf

Original opinion text

ALAN WILSON
ATTORNEY GENERAL

July 02, 2025

Queenie L. Crawford, Ed.D.
Chairperson
Ms. Janis K. Blocker
Vice-Chair
Colleton County Board of Voter Registration and Elections
P.O. Box 97
Walterboro, SC 29488

Dear Chairperson Crawford and Vice-Chair Blocker:

Attorney General Alan Wilson has referred your letter to the Opinions section. Your letter requests an opinion addressing the following:

> We write to you on behalf of the Colleton County Board of Voter Registration and Elections. The Board seeks clarification from your office in reference to limitations for partisan political participation by board members.
>
> In accordance with SC Code 7-3-10(e) "No member of the commission may participate in political management or in a political campaign during the member's term of office . . . ." That is followed by list of political activities that are NOT permitted: 2. "Serving as an officer of a political party. See Op. SC Attorney General (June 7, 2004) (construing prohibition against 'political management' to include serving as officer of political party).
>
> The first question for clarification is whether a sitting member of the Board who files as a candidate for an elective office in a partisan political party is required to resign from the board seat before the election or whether that board member may remain on the Board and resign the seat only if elected to the office.
>
> The second question is whether a board member can serve the partisan political party in an appointive office by the chairperson such as secretary or treasurer.

Law/Analysis

It is this Office's opinion that the prohibition in S.C. Code § 7-13-75 regarding a member of a county or municipal board of voter registration and elections participating "in political management or in a political campaign over whose election the member has jurisdiction during the member's term of office" is applicable to elective and appointive positions with a partisan political party. Your letter cites to S.C. Code § 7-3-10(e) which pertains to members of the State Election Commission. That statute is generally inapplicable to members of a county board of voter registration and elections. Rather, as the June 7, 2004, Attorney General opinion referenced in your letter discusses, S.C. Code § 7-13-75 contains the prohibition on political activity for such boards. It states:

> No member of a county or municipal board of voter registration and elections may participate in political management or in a political campaign over whose election the member has jurisdiction during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority.

Id. The opinion stated that the Office was unaware of any South Carolina case that interpreted the meaning of "political management" in section 7-13-75. See Op. S.C. Att'y Gen., 2004 WL 1297825 (June 7, 2004). The opinion advised that until a court interprets the statute, it suggested using the "longstanding restrictions placed on employees of the Federal Election Commission" as a guide. In particular, the Code of Federal Regulations contains prohibitions on participation in political organizations for employees of the Federal Election Commission at 5 C.F.R. § 734.409. Subsection (a) therein states covered employees may not "[s]erve as an officer of a political party, a member of a national, State, or local committee of a political party, an officer or member of a committee of a partisan political group, or be a candidate for any of these positions." Id. (emphasis added). Finally, because the opinion construed the term "political management" to include holding office in a political party, it advised that members of the county board of voter registration and elections would not be authorized to serve as an officer of a political party. Id. at 4. With this analysis in mind, this opinion will then address the question presented in your letter.

Your letter asks whether a board member who files as a candidate for an elective office in a partisan political party is required to resign from the board seat before the election. This Office's opinions interpreting section 7-13-75 concluded that "holding office" or "serv[ing] as an officer of a political party" is prohibited because a court would likely find serving in such a capacity would ultimately amount to "participat[ing] in political management." This Office has never interpreted the phrase "participate in political management" so broadly as to include filing as a candidate for office of a political party. While the Code of Federal Regulations cited in the July 7, 2004, opinion prohibits covered federal employees from being a candidate for a political party, there is no indication in the plain language of section 7-13-75 that the General Assembly intended such a result for members of a county or municipal board of voter registration and elections. When interpreting legislation, the primary goal is to determine the General Assembly's intent. See Mitchell v. City of Greenville, 411 S.C. 632, 634, 770 S.E.2d 391, 392 (2015) ("The cardinal rule of statutory interpretation is to ascertain and effectuate the legislative intent whenever possible."). Where a statute's language is plain and unambiguous, "the text of a statute is considered the best evidence of the legislative intent or will." Hodges v. Rainey, 341 S.C. 79, 85, 533 S.E.2d 578, 581 (2000). Here, the word "participate" is defined to mean "1. to take part in something. 2. To share in something." American Heritage College Dictionary 995 (3d. ed. 1993). It is this Office's opinion that a court is unlikely to hold a board member takes part in or shares in political management solely as result of filing as a candidate to be an officer of a political party. Therefore, it is this Office's opinion that a board member would not be subject to removal until they are elected or appointed as an officer of a political party.

Your letter also asks whether a board member can serve as an officer in a partisan political party if they are appointed to the office, rather than elected. This Office's opinions have never made a distinction between serving as an officer of a political party in an elected or appointed capacity. It is the service in such an office that a reviewing authority would consider to determine whether the board member participates in political management. Therefore, it is this Office's opinion that the prohibition applies to serving as an officer in a partisan political party in both elected and appointed offices.

Again, we must note that this Office has not identified a decision from our state courts ruling on these issues. Whether a particular board member's activities violate section 7-13-75 is a question of fact which is beyond the scope of this Office's opinions. See Op. S.C. Att'y Gen., 2006 WL 1207271 (April 4, 2006) ("Because this Office does not have the authority of a court or other fact-finding body, we are not able to adjudicate or investigate factual questions."). If a board member's activities violate the statute, the member is subject to removal by the Governor or the appointive authority. Therefore, the determination whether a specific board member has violated section 7-13-75 can be made by the Governor, appropriate appointive authority, or a court.

Conclusion

As is discussed more fully above, it is this Office's opinion that the prohibition in S.C. Code § 7-13-75 regarding a member of a county or municipal board of voter registration and elections participating "in political management or in a political campaign over whose election the member has jurisdiction during the member's term of office" is applicable to elective and appointive positions with a partisan political party. Further, it is this Office's opinion that a board member would not be subject to removal until they are elected or appointed to such an office.

Sincerely,

Matthew Houck
Assistant Attorney General

REVIEWED AND APPROVED BY:

Robert D. Cook
Solicitor General